Financing and restructuring

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Latest Briefings

SmartLaw 2.0 – The new future of law

By Brett Chalmers A few years ago, George Beaton published an influential e-book, NewLaw New Rules: A Conversation About the Future of the Legal Services Industry, that pulled together comments and responses he received from numerous legal thought leaders and experts about his NewLaw-focused blog post. The publication compared BigLaw, the traditional partnership-and-hourly-rates model, with NewLaw, an […]

Supreme Court supports disqualification under IBC, but protects interest of homebuyers

By Prateek Kumar, Sahil Narang, Raveena Rai The corporate insolvency resolution process (CIRP) against Jaiprakash Infratech Limited (JIL) commenced when the National Company Law Tribunal, Allahabad (NCLT) passed an order dated 09.08.2017 admitting the petition of IDBI Bank Limited under Section 7 of the Insolvency and Bankruptcy Code 2016 (IBC). Home buyers who had invested in […]

Austria – Commercial agent’s trial for trial period compensation

By Andreas Natterer, Sara Khalil Earlier this year, the ECJ ruled that commercial agents are generally entitled to compensation, even if the distribution agreement was terminated during a trial period. The ECJ’s decision (C-645/16) was preceded by the French Cour de Cassation’s request for a preliminary ruling on whether Art. 17 of Directive 86/653/EEC applies if the commercial […]

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Look before you leap

Deciding whether to use offshore trustees can be difficult, but having decided in their favour many other questions then present themselves. For example, there is no shortage of possible jurisdictions or service providers – but which should you use? In choosing a jurisdiction the following are perhaps the principal considerations. Taxation – the jurisdiction must […]

In brief: Use your telephone vote

VOTES are already flooding in by post for the prestigious The Lawyer/HIFAL Personality of the Year Award. Now The Lawyer has set up a 24-hour telephone voting hotline. Last year the former Law Society president Martin Mears was the profession’s choice. This year the Lord Chief Justice, Lord Bingham, Cherie Booth QC, Law Society president […]

Charity's commercial edge

The perception that trusts are relevant only to private client practitioners is outdated and fails to take account of the role of trusts in areas such as off-balance-sheet financing, securitisations and many other commercial arrangements. This article seeks to highlight some of the most common commercial uses of charitable trusts, and discuss the issues involved. […]

DAC calls in Mathieson to spearhead media side

A leading defamation specialist, Keith Mathieson, has left Oswald Hickson Collier to build up the media practice at Davies Arnold Cooper. He joins the commercial litigation department as a partner and has brought his assistant solicitor Kirsty Watt with him. Mathieson advises mainly on libel, copyright, passing off, confidentiality and contempt of court. He is […]

Partners get fees ultimatum

Two partners at an Uxbridge practice have been given a six-month ultimatum to pay £14,000 in barristers fees. The Solicitors Disciplinary Tribunal heard last week how Tony Foss and Clinton Worsfold, of Garner Foss & Worsfold, owed fees stretching back 10 years. Gerald Lynch, representing the Law Society, told the tribunal that the debt at […]

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